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MUNIYAS NIGERIA LIMITED & ANOR v. MR. SHITTU ASHAFA & ORS

(2011) JELR 47425 (CA)

Court of Appeal  •  CA/L/650/09  •  17 Feb 2011  •  Nigeria

Coram
ADZIRA GANA MSHELIA JCA; JOHN INYANG OKORO JCA; MOHAMMED AMBI-USI DANJUMA JCA;

Judgement

JOHN INYANG OKORO, J.C.A (Delivered the Leading Judgment): This is an appeal against the Judgment of a Lagos state High Court in Suit No. LD/2162/04 delivered by O.A. Taiwo, J. on 24th November, 2006. The Respondents, who were claimants at the court below, were asking for the following reliefs as contained in the last paragraph of their statement of claim: -

" 1. The claimants claim the right of easement on the piece and/or parcel of land directly facing 46 , Ashog bon Street, Lagos, the property of the 1st 3rd claimants which same piece or parcel of land is verged Blue in the survey plan attached to the deed of indenture registered as No. 98 page 276 in vol.122 of register of deeds kept in the Land Registry Lagos in respect of the property known, situate and being at 46 Ashogbon Street, Lagos,

2. An order directing the immediate removal of the obstruction of the rights of easement by the Defendant, their agents, assigns workmen and privies forthwith or by any other agents of the Lago…

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